03/01/2007
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
March 1, 2007
Present: Frank Hibbard Mayor
Carlen Petersen Vice-Mayor
William C. Jonson Councilmember
John Doran Councilmember
J.B. Johnson Councilmember
Also Present: William B. Horne II City Manager
Garry Brumback Assistant City Manager.
Rod Irwin Assistant City Manager
Pamela Akin City Attorney
Cynthia E. Goudeau City Clerk
Brenda Moses Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Rev. Doctor John R. Thompson from Countryside Christian Center. The Mayor led the
Pledge of Allegiance.
To provide for continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 – Presentations
:
4.1 Proclamation: Poppy Day – February 10 & 11, 2007.
4.2 Step Up Pinellas Challenge
The Mayor reported that Clearwater won the Step Up Pinellas Challenge and that
Councilmember Petersen reported the most steps.
5 - Approval of Minutes
– February 15, 2007
5.1 Approve the minutes of the February 15, 2007 City Council Meeting as submitted in written
summation by the City Clerk.
Councilmember Johnson moved to approve the minutes of the regular meeting of
February 15, 2007, as recorded and submitted in written summation by the City Clerk to each
motioncarried
Councilmember. The was duly seconded and unanimously.
6 - Citizens to be Heard re Items Not on the Agenda
: – None.
Public Hearings - Not before 6:00 PM
7 - Administrative Public Hearings
7.1 Approve an amended Development Agreement for property located at 301 S. Gulfview Blvd.
(Hyatt) between Crystal Beach Capital, LLC (the property owner) and the City of Clearwater
(previously DVA 2004-00002 approved by City Council on December 2, 2004, and amended
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under DVA2004-00002A, approved by City Council on January 19, 2006) to eliminate a
pedestrian overpass over South Gulfview Boulevard and adopt Resolution 07-10. (DVA2007-
00001)
The subject property is 1.56 acres located between South Gulfview Boulevard and
Coronado Drive at Third Street. On November 16, 2004, the CDB (Community Development
Board) approved a Flexible Development application (FLD2004-07052) to amend a previously
approved FL 01-01-01 (CDB approved on February 20, 2001) to permit an additional 24 overnight
accommodation units from the density pool (in addition to the previously approved 250 overnight
accommodation units) as a mixed-use, with a maximum of 70,000 square-feet of amenities
accessory to the hotel and a minimum of 400 public parking spaces, as a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-803.C. That development proposal
included a hotel of 250 rooms (153.37 rooms/acre on total site), 18 attached dwellings (11.04
units/acre on total site) and a maximum of 70,000 square-feet (0.98 FAR (Floor Area Ratio) on
total site) of amenities accessory to the hotel, at a height of 150 feet (to roof deck).
A Development Order was issued January 25, 2007, approving a Minor Revision to the
previously approved project for the following: 1) Loading and trash collection access has been
relocated Second Street; 2) The internal helix has been replaced with a speed ramp to gain
access from the ground floor to Parking Level 3; 3) The parking garage cashier booths have been
relocated to Parking Level 3; 4) Driveways on the west side of the building on South Gulfview
Boulevard have been removed; 5) Monumental stairs have been provided on the west side
allowing access from the ground floor to the Hotel Level 2; 6) The east, north and south
elevations of the building have been modified replacing the "solid" walls of the parking levels with
decorative railings, arches and columns to more closely match that of the habitable floors of the
hotel; 7) Vertical elements of the hotel towers on the north and south elevations have been
modified to improve views and to coordinate with the parking levels; and 8) The roof profile has
been modified to reduce the size of the mansard roof portions.
The submitted Development Agreement proposes to amend the previously approved
Development Agreement to eliminate a pedestrian overpass over South Gulfview Boulevard. It is
believed that the pedestrian bridge is unnecessary and that alternative access from ground-floor
elevators to the parking garage will provide beachgoers a safe, at-grade access between the
public parking in the garage and the beach. The crosswalk proposed will be similar to other
crosswalks proposed along South Gulfview Boulevard as part of the Beach Walk project. The
pedestrian bridge presents construction concerns, especially seaward of the Coastal Construction
Control Line within a velocity flood zone and also presents long-term maintenance issues.
Additionally, the pedestrian bridge present aesthetic concerns relative to the Beach Walk.
The proposed Development Agreement replaces the floor plans and elevations in the
recorded Development Agreement with new floor plans and elevations, based on the Minor
Revisions approved in January 2007 and by eliminating the pedestrian overpass. The proposed
Development Agreement provides for a concession facility in lieu of that previously provided in
the pedestrian bridge landing, operating the same as previously agreed upon and with a similar
size of facility (1,200 square-feet maximum).
The proposal is in compliance with the standards for development agreements, is
consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth
in Beach by Design. The CDB reviewed this proposed amendment to the development
agreement at its regularly scheduled meeting on February 20, 2007 and recommended approval.
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In response to a question, Senior Planner Wayne Wells said CDB approval included
conditions that limited the size to not exceed 1,200 square-feet, or one story. It was noted the
structure must meet all requirements in order to be permitted and built.
Councilmember Petersen moved to approve an amended Development Agreement for
property located at 301 S. Gulfview Blvd. (Hyatt) between Crystal Beach Capital, LLC (the
property owner) and the City of Clearwater (previously DVA 2004-00002 approved by City
Council on December 2, 2004, and amended under DVA2004-00002A, approved by City Council
on January 19, 2006) to eliminate a pedestrian overpass over South Gulfview Boulevard. The
motion carried
was duly seconded and unanimously.
Resolution 07-10 was presented and read by title only. Councilmember Doran moved to
pass and adopt Resolution 07-10 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson and Hibbard.
"Nays": None.
8 - Second Readings
- Public Hearing
8.1 Continue second reading of Ordinances 7784-07, 7785-07, 7786-07, approving the Petition
for Annexation, Future Land Use Plan Amendment and Zoning Atlas Amendment for 205 North
Belcher Road ((M/B 33/12, Lot 2, 30, & 29 Block D, Temple Terrace Subdivision in Section 7-29-
16) to April 4, 2007.
Councilmember Petersen moved to continue Item 8.1 and second readings for
motion
Ordinances 7784-07, 7785-07, and 7786-07 to April 4, 2007. The was duly seconded
carried
and unanimously.
City Manager Reports
9 - Consent Agenda
– Approved as submitted.
9.1 Declare the list of vehicles and equipment surplus to the needs of the City and authorize
disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida.
(consent)
9.2 Approve the award of Bid 13-07 Gas Material Meters and Regulators Lines 1, 2, 3, 4, 6, 7,
and 15 in the amount of $232,000 to M.T. Deason Company, Incorporated for the period March 5,
2007 to March 7, 2008 and authorize the appropriate officials to execute same. (consent)
9.3 Ratify and confirm City Manager's award of $60,225 to Extensys, Inc., Palm Harbor, FL, and
increase by $129,775 for a total award of $190,000 for computer hardware, software,
maintenance, and network consulting services, authorize lease purchase under the City's master
purchase agreement and authorize the appropriate officials to execute same. (consent)
9.4 Award a contract (purchase order) to Air Mechanical of Tampa, FL, in the amount of $147,869
for the purchase and installation of one replacement air conditioning chiller for City Hall, per the
City of Clearwater Bid #12-07 and authorize the appropriate officials to execute same. (consent)
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9.5 Award a contract (purchase order) to United Air Conditioning of Largo, FL, in the amount of
$104,222 for the purchase and installation of replacement air conditioning systems for the
Countryside Police Sub-station per the City of Clearwater Bid 11-07 and authorize the appropriate
officials to execute same. (consent)
9.6 Ratify and confirm Change Order No. 2 to Rowland, Inc. of Pinellas Park FL, for the Del Oro
Groves RCW System Contract (04-0022-UT) increasing the contract amount by $167,054.87 for
a new contract total of $4,000,760.91, approve a extension of 30 days to the contract time and
authorize the appropriate officials to execute same. (consent)
9.7 Approve a work order to Parsons Water & Infrastructure Inc. of Tampa, FL, an engineer of
record, in the amount of $124,837 for professional engineering services related to the Chloride
Cap – Monitoring Wells Project (05-0062-UT), and that the appropriate officials be authorized to
execute same. (consent)
9.8 Approve an Interlocal Maintenance Agreement with Pinellas County providing for the City to
serve as Traffic Signal Maintenance Contractor to maintain all the traffic signals on the ATMS/ITS
corridors within the City of Clearwater and any other county ATMS signals as provided for in the
current Clearwater/Pinellas County ITS Interlocal Agreement of March 2, 2006 and authorize the
appropriate officials to execute same. (consent)
9.9 Approve a one-year extension for Polymer Services (04-0063-UT) (RFP 16-05) to an existing
contract with Polydyne, Inc., of Riceboro, GA increasing the contract value by $189,946.83 and
authorize the appropriate officials to execute same. (consent)
9.10 Ratify & Confirm a payment to Adams Tank & Lift, Inc. (AT&L) in the amount of $15,216.49
for additional services while installing new underground fuel tanks at the Clearwater Marina.
(consent)
9.11 Approve a one-year extension for Biosolids Services (04-0063-UT) (RFP 16-05) to an
existing contract with Appalachian Material Service, Inc. (APS), of Terra Ceia, Florida increasing
the contract value by $1,200,000, and that the appropriate officials be authorized to execute
same. (consent)
9.12 Appoint Tom Calhoun to the Marine Advisory Board with the term expiring on March 31,
2011.
Councilmember Jonson moved to approve the Consent Agenda as submitted and that the
motioncarried
appropriate officials be authorized to execute same. The was duly seconded and
unanimously.
Miscellaneous Reports and Items
10 - City Attorney Reports
10.1 Authorize settlement of Pinellas Park, et al. v. Supervisor of Elections, et al., adopt
Resolution 07-11 approving settlement and authorize appropriate officials to execute settlement
documents.
This lawsuit arose from the adoption by the Pinellas County Charter Review Commission
of a number of proposed amendments to the Pinellas County Charter to be placed on the ballot in
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November, 2006. An action was instituted to challenge the ballot questions related to these
proposed amendments for ambiguity and to challenge the proposed amendments for violations of
the sunshine laws and the Florida Constitution. A trial before a circuit judge resulted in no action
before the election on November 2006, and the parties resumed litigation thereafter. Court
ordered mediation pursuant to Chap. 164, Fla. Stat., reached impasse and the parties are
scheduled to take up motions with the court in April 2007.
The proposed settlement agreement would resolve the outstanding issues between the
parties. Resolution 07-11 formally approves the terms of the settlement agreement.
Councilmember Johnson moved to authorize the settlement of Pinellas Park, et al. v.
motion carried
Supervisor of Elections, et al. The was duly seconded and unanimously.
Resolution 07-11 was presented and read by title only. Councilmember Petersen moved
to pass and adopt Resolution 07-11 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson and Hibbard.
"Nays": None.
11 - City Manager Verbal Reports
Downtown Boat Slips
Concern was expressed that location of free side ties is not clear.
Finance Director Margie Simmons pointed out the free side tie and public portions of the
proposed downtown boat slips.
Reclaimed Water Proposal
At the request of the Morningside Meadows Home Owners Association, consideration of
an ordinance regarding reclaimed water will be delayed.
12 - Other Council Action
Councilmembers reported on events in which they recently participated, reviewed
upcoming events, and thanked staff for efforts with Sea Blues Festival.
Councilmember Jonson expressed concern with traffic congestion on Hamden Drive with
anticipated closure of South Gulfview Boulevard and Spring Break attendants.
Councilmember Jonson reported on the Tampa Bay Estuary Seagrass Restoration
Program; stated HB 791 should not affect existing agencies; encouraged all to visit downtown
businesses; welcomed all to contact the City with questions or comments regarding the boat slip
referendum.
Councilmember Doran thanked Mayor Hibbard for promoting wellness in the City, and
encouraged all to vote early.
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Councilmember Petersen requested a letter be written for Council signatures requesting
no cap on Sadowski Trust Fund; thanked County Commissioners Karen See I and Susan Latvala
for Pinellas Women's Forum; requested all to cooperate with 2010 U.S. Census Bureau efforts.
13 . Adjourn
The meeting adjourned at 7:10 p.m.
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